Liability Of Teachers
Many of the liabilities relevant to the Board of Management are equally applicable to teachers. Many claims, however, arise where responsibility rests almost solely with the teaching staff and it is pertinent to add some comments which have particular relevance to them.
Are teachers covered by the policy?
Just as for children, the policy indemnifies the Patron, Trustees and Board of Management in relation to their legal liability to all persons - including teachers.
What are the most common claims brought against a teacher?
The most common cause of action against teachers arise from inadequate supervision which is covered in detail in Chapter 6 of the Guide to Insurance, Safety and Security.
Is the liability of teachers covered when carrying pupils in his/her car?
No. Liability for passengers in a car in any capacity is a matter solely for the teacher's motor insurance. Any liability, however, which attaches to the Board of Management, in the event that the teacher's insurance should prove defective, is covered by the Custodian School Protection Policy.
Teachers private motor insurance
Like any individual teachers are free to arrange their motor insurance with whatever insurer they like. Bearing in mind, however, that teachers may carry pupils to sports matches or to hospital in an emergency, some advice is necessary.
It is quite common for insurers to offer insurance with use of the vehicle on what is known as a Class 1 basis. This provides cover for Social, Domestic and Pleasure usage of the vehicle. To include carrying of pupils, school equipment etc. in their own car, teachers are advised to have the extended Class 1 usage of the vehicle which is Social, Domestic and Pleasure and by the insured in person for his/her business.
These additional words are important and will give the additional cover required only when the teacher/insured is driving. There may be an additional premium required by insurers for this cover.
Teachers using cars on school business
What if the teacher has an accident whilst using his/her car on school business?
The teacher's motor insurance will cover any liability arising out of the use of the car. If Comprehensive cover has been arranged then it will also cover damage to the teacher's car. But there will be an excess (or amount deducted from the amount of the claim payable by the teacher/insured) and the possible loss of No Claim Bonus/Bonus.
Why should the teacher have to suffer loss and lose No Claim Bonus when he/she is using the car on behalf of the school?
This problem has been recognised and the policy has been extended to include such financial loss suffered by a teacher in the event of involvement in an accident whilst using the car on behalf of the school (subject to limits specified).
Teachers and Work Experience Schemes
Many second level pupils, particularly in the transition year, go out on work experience. This is an exceptionally beneficial experience for students in giving them a first taste of working life. For teachers, however, it can be a challenge to arrange placements of all students with employers.
Many employers are reluctant to take students and need to be cajoled to do so. In this process, the employer may say 'I will take a student provided that the school picks up any liability which may arise'.
In agreeing to this arrangement it is important that you understand that:
|1. you have entered a legally enforceable contract (a contract does not need to be written);|
|2. you have agreed to a liability arising totally outside of your control (you have no control of the state of the premises or the type of work carried out);|
|3. the standard policy excludes such contractual arrangements.|
In recommending that schools and teachers never consciously accept such contractual liability Allianz recognise that schools and teachers are sometimes obliged to do so in order to place pupils in work experience schemes. Consequently the policy has been extended to cover such liabilities but schools and teachers are recommended to avoid such contractual liabilities unless essential.